The Pensions Regulator

Member-nominated trustees and member-nominated directors

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Establishing whether any of the legal exemptions from the MNT and MND requirements apply

The requirements for MNTs or MNDs only apply to trustees of occupational pension schemes set up under trust. However, not all of these schemes have to meet the requirements. Some types of schemes are exempt under the law.

The types of schemes that are exempt depend upon whether it is the MNT or MND requirements which apply to a scheme. For help with determining which requirements apply to your scheme see MNTs/MNDs: Establishing which requirements apply.

We have provided a list of the exemptions for trustees to review to establish whether any apply.

• Exemptions from the MNT requirements
• Exemptions from the MND requirements

Trustees should keep the exemptions under review and check periodically whether the requirements apply to their scheme. This is because it is possible for some of the exemptions to apply to a scheme at some points and not at others.

For example, schemes with one member are exempt so a change in the numbers of members may mean that a scheme that was exempt is no longer or that a scheme that was subject to the requirements is now exempt.

If the scheme is not exempt trustees will need to put arrangements in place, and implement those arrangements, that provide for at least one-third of trustees to be member-nominated. Putting arrangements in place provides more information for trustees on considering, designing and building arrangements.

Trustees should also check when the requirements apply to their scheme as this varies depending upon the circumstances of the scheme.

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